Terms of Use
Terms and
Conditions
Last
updated: June 29, 2023
Please read
these terms and conditions carefully before using Our Service.
Interpretation
and Definitions
Interpretation
The words of
which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
Application means the software program provided
by the Company downloaded by You on any electronic device, named Adjuster Pilot
Application Store means the digital distribution
service operated and developed by Apple Inc. (Apple App Store) or Google Inc.
(Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is
controlled by or is under common control with a party, where
“control” means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
managing authority.
Account means a unique account created for
You to access our Service or parts of our Service.
Country refers to: Wisconsin, United States
Company (referred to as either “the
Company”, “We”, “Us” or “Our” in this
Agreement) refers to Edimate Custom Software, Inc., 1301 Coulee Rd, #1, WI
54016.
Device means any device that can access the
Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or
suggestions sent by You regarding the attributes, performance or features of
our Service.
Free Trial refers to a limited period of time
that may be free when purchasing a Subscription.
Promotions refer to contests, sweepstakes or
other promotions offered through the Service.
Service refers to the Application or the
Website or both.
Subscriptions refer to the services or access to
the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”)
mean these Terms and Conditions that form the entire agreement between You and
the Company regarding the use of the Service.
Third-party Social Media Service means any services or content
(including data, information, products or services) provided by a third-party
that may be displayed, included or made available by the Service.
Website refers to Edimate Custom Software,
Inc., accessible from https://www.edimate.com
You means the individual accessing or using the Service,
or the company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
Acknowledgment
These are
the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out
the rights and obligations of all users regarding the use of the Service.
Your access
to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all
visitors, users and others who access or use the Service.
By accessing
or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions then You may not
access the Service.
You represent
that you are over the age of 18. The Company does not permit those under 18 to
use the Service.
Your access
to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes
Our policies and procedures on the collection, use and disclosure of Your
personal information when You use the Application or the Website and tells You
about Your privacy rights and how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
Subscriptions
Subscription
period
The Service
or some parts of the Service are available only with a paid Subscription. You
will be billed in advance on a recurring and periodic basis (such as daily,
weekly, monthly or annually), depending on the type of Subscription plan you
select when purchasing the Subscription.
At the end
of each period, Your Subscription will automatically renew under the exact same
conditions unless You cancel it or the Company cancels it.
Subscription
cancellations
You may
cancel Your Subscription renewal either through Your Account settings page or
by contacting the Company. You will not receive a refund for the fees You
already paid for Your current Subscription period and You will be able to
access the Service until the end of Your current Subscription period.
Billing
You shall
provide the Company with accurate and complete billing information including
full name, address, state, zip code, telephone number, and a valid payment
method information.
Should
automatic billing fail to occur for any reason, the Company will issue an
electronic invoice indicating that you must proceed manually, within a certain
deadline date, with the full payment corresponding to the billing period as
indicated on the invoice.
Fee Changes
The Company,
in its sole discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the then-current
Subscription period.
The Company
will provide You with reasonable prior notice of any change in Subscription
fees to give You an opportunity to terminate Your Subscription before such
change becomes effective.
Your
continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when
required by law, paid Subscription fees are non-refundable.
Certain
refund requests for Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company
may, at its sole discretion, offer a Subscription with a Free Trial for a
limited period of time.
You may be
required to enter Your billing information in order to sign up for the Free
Trial.
If You do
enter Your billing information when signing up for a Free Trial, You will not
be charged by the Company until the Free Trial has expired. On the last day of
the Free Trial period, unless You canceled Your Subscription, You will be
automatically charged the applicable Subscription fees for the type of
Subscription You have selected.
At any time
and without notice, the Company reserves the right to (i) modify the terms and
conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Promotions
Any Promotions
made available through the Service may be governed by rules that are separate
from these Terms.
If You
participate in any Promotions, please review the applicable rules as well as
our Privacy policy. If the rules for a Promotion conflict with these Terms, the
Promotion rules will apply.
User
Accounts
When You
create an account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of
the Terms, which may result in immediate termination of Your account on Our
Service.
You are
responsible for safeguarding the password that You use to access the Service
and for any activities or actions under Your password, whether Your password is
with Our Service or a Third-Party Social Media Service.
You agree
not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
You may not
use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another
person or entity other than You without appropriate authorization, or a name
that is otherwise offensive, vulgar or obscene.
Intellectual
Property
The Service
and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the
Company and its licensors.
No Modification
of Confidential Information. The receiving party will not copy,
decompile, modify, reverse engineer, or create derivative works out of any
Confidential Information without the disclosing party’s written consent.
The Service
is protected by copyright, trademark, and other laws of both the Country and
foreign countries.
Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of the Company.
Your
Feedback to Us
You assign
all rights, title and interest in any Feedback You provide the Company. If for
any reason such assignment is ineffective, You agree to grant the Company a
non-exclusive, perpetual, irrevocable, royalty free, worldwide right and
license to use, reproduce, disclose, sub-license, distribute, modify and exploit
such Feedback without restriction.
Links to
Other Websites
Our Service
may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such content, goods or
services available on or through any such web sites or services.
We strongly
advise You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
Termination
We may
terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease immediately. If You wish
to terminate Your Account, You may simply discontinue using the Service.
Limitation
of Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven’t purchased anything through the
Service.
To the
maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some states
do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above
limitations may not apply. In these states, each party’s liability will be
limited to the greatest extent permitted by law.
“AS
IS” and “AS AVAILABLE” Disclaimer
The Service
is provided to You “AS IS” and “AS AVAILABLE” and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without
limiting the foregoing, neither the Company nor any of the company’s provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
Governing
Law
The laws of
the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service. Your use of the Application may also be subject to
other local, state, national, or international laws.
Disputes
Resolution
If You have
any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
For European
Union (EU) Users
If You are a
European Union consumer, you will benefit from any mandatory provisions of the
law of the country in which you are resident in.
United
States Federal Government End Use Provisions
If You are a
U.S. federal government end user, our Service is a “Commercial Item”
as that term is defined at 48 C.F.R. §2.101.
United
States Legal Compliance
You
represent and warrant that (i) You are not located in a country that is subject
to the United States government embargo, or that has been designated by the
United States government as a “terrorist supporting” country, and
(ii) You are not listed on any United States government list of prohibited or
restricted parties.
Severability
and Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Waiver
Except as
provided herein, the failure to exercise a right or to require performance of
an obligation under these Terms shall not effect a party’s ability to exercise
such right or require such performance at any time thereafter nor shall the
waiver of a breach constitute a waiver of any subsequent breach.
Translation
Interpretation
These Terms
and Conditions may have been translated if We have made them available to You
on our Service. You agree that the original English text shall prevail in the
case of a dispute.
Changes to
These Terms and Conditions
We reserve
the right, at Our sole discretion, to modify or replace these Terms at any
time. If a revision is material We will make reasonable efforts to provide at
least 30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at Our sole discretion.
By continuing
to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in
whole or in part, please stop using the website and the Service.
Contact Us
If you have
any questions about these Terms and Conditions, You can contact us:
· By visiting this page on our website:
https://www.edimate.com/contact